Just from that short video, I say, intoxicated old guy. That's why his only response was, "I don't care." His mind was racing with what he just did, and he's looking for a way to get out of trouble, but he was too drunk to process all that at once, so the only rationalization he could conjure was, "I don't care." Hell, maybe he's not intoxicated and just losing his mind, but his stance, fact that he stopped, mannerisms, and lack of vocabulary point to drunk. Of course, that's with 10 seconds or so of evaluation tine, so I could be full of it.
Looks to me like he hit the bike, which makes that Aggravated Battery With A Deadly Weapon. A 2nd degree Felony in NM. Both criminal court and civil court would have a field day with that guy. A rider violating a traffic statute does not permit someone to try to kill them. BTW, attempted murder would never fly. Don't know why, but I've had cases even more heinous than that where they wouldn't go with attempted homicide. Besides, that would be a second degree felony also, so the Agg Batt DW has the same consequences attached.
IF he didn't hit that guy, it would be Aggravated Assault With A Deadly Weapon. 3rd degree felony here, and again, the rider's actions would have a little air time in court, but aren't nearly egregious enough for that kind of response. If that guy's insurance company is smart, they'll pay out fast and get rid of that case.
Dang!!
